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0 p.o, box 932 canby oregon 97013 office 503,656.1999 fax 503.656.6628 info@westernclisplay,con <br />1— <br />_4PAGE 2 <br />(n <br />of an endorsement in a form acceptable to the Sponsor (1) naming the "City of Everett, their officers, <br />Oemployees, agents, and volunteers" as Additional Insureds on the Commercial General Liability <br />• Insurance policy with respect to the operations performed and services provided under this <br />agreement and (2) providing that such Insurance shall apply as primary insurance on behalf of such <br />LIJ <br />Ly Additional insureds. Receipt by Sponsor of any certificate or endorsement showing less coverage than <br />required is not a waiver of. WESTERN's obligations to fulfill these requirements. If WESTERN fails to <br />satisfy the requirements of this Section 9, Sponsor may at any time prior to the fireworks display <br />Y terminate this agreement effective on delivery of written notice to WESTERN, In which case WESTERN <br />shall refund any funds paid to WESTERN by Sponsor under this agreement and the parties will have <br />Lkno further obligations under this agreement. <br />Ii 6, Indemnification. WESTERN shall defend and indemnify the Sponsor, it's officers, employees, agents <br />Z. and volunteers from any and all claims, losses or liabilities arising from or relating to this agreement <br />57 to the extent such claims, losses or liabilities are caused by WESTERN's negligence, intentional <br />LLJ misconduct, breach of this agreement or violation of any applicable laws, regulations or ordinances. <br />la <br />LI 7, Compliance with Laws <br />a. Sponsor Responsibilities:SPONSOR agrees to perform their requirements in accordance with NFPA <br />1123 OUTDOOR DISPLAY OF FIREWORKS 2022 Edition (National Fire Protection Association) <br />SPONSOR has consulted with the Authority Having Jurisdiction (AH1) to determine the level of fire <br />protection required to provide adequate fire protection for the Display and Western agrees that <br />such consultation was accomplished and the level of fire protection for the Display is adequate. <br />The following shall apply to crowd control: (1) Monitors whose sole duty is the enforcement of <br />crowd control shall be located around the display site and at other locations as determined by the <br />SPONSOR. (2) The AHJ and WESTERN shall approve the provisions for crowd control. Monitors <br />shall be positioned around the display site to prevent spectators or any other unauthorized <br />persons from entering the discharge site, (3) Where required by the AHJ, approved delineators or <br />barriers shall be used to aid in crowd control. (4) Unescorted public access to the discharge site <br />shall not be permitted where pyrotechnic materials are present during the period before the <br />display. (5) The discharge site shall be restricted throughout the display and until the discharge <br />site has been Inspected by WESTERN after the display. (See Exhibit A —Display Site Map) <br />b, . Western's Responsibilities:. Western shall secure and maintain any and all licenses, permits or <br />certificates that may be required by any regulatory body having jurisdiction over the materials or <br />performance of the services herein contemplated unless otherwise noted above in Sponsor duties. <br />Western shall exercise full and complete authority over its personnel, shall comply with all workmen's <br />compensation, employer's liability and other federal, state, county and municipal laws, ordinances, <br />rules and regulations required of an employer performing such services, and shall make all reports <br />and remit all withholdings or other deductions from the compensation paid its personnel as may be <br />required by any federal, state, county or municipal law, ordinance, rule or regulation. Western Is <br />responsible to insure that all materials and services supplied under this Agreement comply. with all <br />laws, rules and regulations of the State and the federal government relating thereto. <br />8, Cancellation/Rescheduling by Sponsor. if the Display is cancelled by the Sponsor after receipt of thls <br />signed Agreement, Sponsor agrees to pay 25% of the total price ($18,750.00) for restocking and costs <br />incurred. lithe Display is cancelled by the Sponsor within 30 days of the scheduled Display date, Sponsor <br />agrees to pay 50% of the total price ($37,500.00), If the Display is cancelled by the Sponsor on the date <br />of the Display, Sponsor agrees to pay 100% of the total price ($75,000.00), By providing notice of not <br />